By: Armbrister S.B. No. 1485
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the rights of crime victims in criminal and juvenile
1-2 justice proceedings.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 56.02, Code of Criminal Procedure, is
1-5 amended by adding Subsection (e) to read as follows:
1-6 (e) When a plea is taken and sentence is pronounced, the
1-7 court shall ask the attorney for the state whether the victim, the
1-8 guardian of a victim, or the close relative of a deceased victim
1-9 has been afforded all rights prescribed by this article.
1-10 SECTION 2. Article 56.08, Code of Criminal Procedure, is
1-11 amended by adding Subsections (e) and (f) to read as follows:
1-12 (e) The brief general statement describing the plea
1-13 bargaining stage in a criminal trial required by Subsection (a)(1)
1-14 must include the following statements:
1-15 (1) that the victim impact statement provided by the
1-16 victim, guardian of a victim, or close relative of a deceased
1-17 victim will be considered by the attorney representing the state in
1-18 entering into the plea bargain agreement; and
1-19 (2) that the judge before accepting the plea bargain
1-20 is required under Section 26.13(e) to ask:
1-21 (A) whether a victim impact statement has been
1-22 returned to the attorney; and
2-1 (B) if a statement has been returned, for a copy
2-2 of the statement.
2-3 (f) When a plea is taken and sentence is pronounced, the
2-4 court shall ask the attorney for the state whether the victim, the
2-5 guardian of a victim, or the close relative of a deceased victim
2-6 has been afforded all rights prescribed by this article.
2-7 SECTION 3. Section 57.002, Family Code, is amended by adding
2-8 Subsection (b) to read as follows:
2-9 (b) When the answer to a petition is taken at an
2-10 adjudication hearing and when a disposition is made, the court
2-11 shall ask the attorney for the state whether the victim, the
2-12 guardian of a victim, or the close relative of a deceased victim
2-13 has been afforded all rights prescribed by this section.
2-14 SECTION 4. (a) The changes in law made in Sections 1 and 2
2-15 of this Act apply only to a criminal offense committed or a
2-16 violation that occurs on or after the effective date of this Act.
2-17 For the purposes of this Act, a criminal offense is committed or a
2-18 violation occurs before the effective date of this Act if any
2-19 element of the offense or violation occurs before that date.
2-20 (b) A criminal offense committed or violation that occurs
2-21 before the effective date of this Act is covered by the law in
2-22 effect when the criminal offense was committed or the violation
2-23 occurred, and the former law is continued in effect for this
2-24 purpose.
2-25 SECTION 5. (a) The change in law made by Section 3 of this
2-26 Act applies only to conduct that occurs on after the effective date
3-1 of this Act. Conduct violating a penal law of the state that
3-2 occurs on or after the effective date of this Act if every element
3-3 of the violation occurs on or after that date.
3-4 (b) Conduct that occurs before the effective date of this
3-5 Act is covered by the law in effect at the time the conduct
3-6 occurred, and the former law is continued in effect for that
3-7 purpose.
3-8 SECTION 6. EFFECTIVE DATE. This Act takes effect September
3-9 1, 1999.
3-10 SECTION 7. EMERGENCY. The importance of this legislation
3-11 and the crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.